Amnesty International is deeply concerned about the existence of serious flaws affecting the Cambodian legal system

[Translated from article published in French by Cambodge Soir]

Brittis Edman is a researcher with the international organization for the defense of human rights “Amnesty International,” she is currently assigned to Cambodia, Laos, and Vietnam. She recently completed a visit to the kingdom and had accepted to provide some comments on the current situation of the country. Interview.

Cambodge Soir: In August, the Cambodian justice condemned the SRP MP Cheam Channy through a military court. In your opinion, what legal consequence can this trial have, as well as the trial – which was very criticized – of the presumed murderers of union leader Chea Vichea. In light of these events, what is your view on the Cambodian justice?
Brittis Edman: The trial which condemned Born Samnang and Sok Sam Oeun to 20 years of jail did absolutely not answer to international standards for an equitable trial. The investigation was fraught with errors at all levels of the legal system. The police intimidated the witnesses and the suspects, and there was an obvious political interference in the legal system.
Cheam Channy, a civilian under non-military accusations, was sent to a military court which has no authority to judge civilian affairs. During the trial, the accusation failed to produce credible proof to back up the charges leveled against him. Other fundamental international standards for an equitable trial were trampled. Thus no defense witness was authorized to testify and the defense lawyer was not authorized to question all the accusation witnesses.
Amnesty International is deeply concerned about the existence of serious flaws affecting the Cambodian legal system which make it such that the innocents can be jailed for crimes they did not commit, as the cases above prove. Also serious is the fact that the real perpetrators still continue to enjoy impunity.

CS: Do you believe that the international community has reacted sufficiently in theses trails?
BE: These two affairs generated substantial international reaction from unions, parliamentary groups, and human rights organizations. Though the bulk of the protests was heard on the days immediately following the sentence. It is imperative to replace these travesties of justice in all the Cambodian state institutions. Impunity in Cambodia should not be viewed as a result of the legal failure but as a systematic practice which protects some groups of people to the detriment of the rule of law, and finally to the detriment of the Cambodian people. The donor countries are in good position – and they also have the responsibility – to promote to the authorities the importance of human rights in Cambodia, and to follow suit on the abuses found in the legal system. Short term condemnations on bad practices with little follow up are not sufficient.

CS: In view of these two trials, according to you, what can be expected of the tribunal to judge the former Khmer Rouge leaders?
BE: The incarceration of Cheam Channy, Born Samnang and Sok Sam Oeun casts a shadow of the extraordinary Chambers, which are borne from the same legal system that condemned these men following a not convincing and unfair trial. At the same time, Amnesty International favorably welcome the efforts of the government and of the UN to bring to justice those who share the largest responsibilities in the atrocities committed under the rule of Khmer Rouge regime. Our organization hope that there will be sufficient precaution put in place not only to guarantee a fair, independent and transparent process which will put an end to the impunity of these leaders, but also to start in a positive fashion some change for the future. With all light pointed towards the Cambodian legal system and the issue of impunity, the extraordinary Chambers should be in good position to generate a long awaited change towards independent, impartial, and credible justices which will fight impunity at all levels.
However, this tribunal will not be crowned with success if it is not perceived as credible by the Cambodian people. Under the present circumstances, the Cambodian government has the possibility to strengthen the credibility of the tribunal by making public the criteria used for the selection of judges and prosecutors as well as for the planned candidates to fill these important positions.

CS: In view of the recent arrests of the union leader Rong Chhun and the director of the Beehive Radio Station Mam Sonando, as well as the numerous arrest warrants issued against other activists and against the personal adviser of King-Father, Say Bory – arrest decision made under a context of fierce controversy surrounding the supplemental treaty to the 1985 border treaty with Vietnam – can we say that freedom of expression and association are in danger?
BE: The recent arrests and other legal actions taken against people who had criticized the policy of the Cambodian government constitute a threat to the freedom of expression and association in the country. To express dissenting opinions in a peaceful manner is protected by the Cambodian and the International laws, and from what Amnesty International can observed, [these people] had never committed any known crimes as such at the international level. Furthermore, these events have the effect of cooling down civic societies, the media, and the emerging union movement which still have difficulties following the murder of Chea Vichea last year.

CS: Before these developments, it is noted that freedom of expression was not really re-established since the 2003 election period.
BE: There are some concerns when request for authorization to organize public gatherings addressed to the authorities had been refused. The fact that most of these requests had been regularly rejected by the authorities is very serious. This prevent the citizen, groups and organizations to enjoy their constitutional rights to gather and to express themselves, this impairs the public debate in Cambodia, as well as it tarnishes the image of the country.

Interview conducted by Stephanie Gée
Cambodge Soir
Tuesday 20 December 2005